Peter Burke (Longford-Westmeath, Fine Gael) | Oireachtas source

I thank Deputy Cairns for her question.

The Planning and Development Act 2000, as amended, and here referred to as the Act, and the Water Services Acts 2007 to 2018 set out the statutory provisions relating to the taking in charge of housing estates by planning authorities and Irish Water where it is appropriate to do so.

Section 180 of the Act sets out the process to be followed in relation to the taking in charge of housing estates where a development is considered to have been satisfactorily completed, as well as where it has not been completed to the satisfaction of the planning authority. It is a matter for the relevant planning authority, as the Deputy quite rightly pointed out, to agree to take in charge any individual housing estate.

When taking in charge an estate under section 180 of the Act, the planning authority agrees to take in charge the roads, footpaths, public lighting and open spaces associated with the development. With regard to water-related infrastructure such as sewers, water mains or service connections within the attendant grounds of a development, these, which are initially taken in charge by the planning authority, must then be transferred to Irish Water by ministerial order pursuant to section 12 of the Water Services (No. 2) Act 2013.

Ultimately, progression of individual developments through the taking-in-charge process is a matter for the relevant housing developer, the residents in such developments and the relevant local authorities following the procedures set out clearly in section 180 of the Act.

Under section 30 of the Act, I, in my role as Minister of State with responsibility for planning, and the Minister, Deputy Darragh O'Brien, are precluded from exercising any power or control in relation to any particular case with which a planning authority or the board is concerned.

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